Oireachtas Joint and Select Committees

Thursday, 2 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)

Mr. Tom Flynn:

There is a difficulty with delays in getting leave in the normal judicial review list. You are generally getting return dates which are quite extended. That is a resourcing issue. Tactically, many respondents will probably not oppose leave. The only issue is that a respondent who is served with a case by an applicant may decide it is particularly objectionable or concerning on one ground and oppose the leave. Respondents have to make the decision to delay the leave hearing and the substantive hearing or progress them. There is a tactical issue. There is complexity in that people often seek telescoped hearings where the leave and the substantive issue are heard at the same time.

There is a complexity around that in relation to it. I am not necessarily sure this will radically change or accelerate the process. It may have some impact, but it seems to me that the status quois really an issue of resources. We only have one judge in the State list, for example, effectively hearing leave, although sometimes they might farm the leave out. If, for example, there were two or three judges who were available to hear leave, and similarly in the judicial review list, one would get through much more and would shorten the whole process.

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